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The regular City election shall be held on the second Tuesday in June 2003, and on the second Tuesday in June of every fourth year thereafter. Special elections shall be called and held for lawful purposes at such times as may be fixed by the Council, in accordance with the general laws of the State relative thereto. All elective City officials shall be chosen at regular City elections.
Any person qualified to serve may file as a candidate for member of Council or the office of Mayor by filing with the City Clerk a certificate of candidacy, on a form to be provided by the City Clerk, accompanied by payment of the prescribed filing fee, payable in lawful currency of the United States or by bank certified check, provided same is done within the specified filing period. All candidacies so filed shall be on a nonpartisan basis.
All qualified persons who have properly filed within the period of filing shall appear on the ballot as a candidate for the office sought, in the order to be determined by lot and on a nonpartisan basis. Drawings for ballot space shall be at a special meeting of Council to be held in accordance with state law.
Each election shall be conducted under the supervision and direction of the Council of the said City. The mode of voting shall be by ballot, but the voters shall be free to vote an open or secret ballot, as they may elect. The persons conducting said election shall, on the day the election is held and after the votes are duly tallied, deliver the ballots, tally sheets, and poll books to the City Clerk for safekeeping, and thereafter the Council of said City shall meet within five days thereof, and in all respects comply with the requirements of the law relating to elections. Except as otherwise herein provided, the provisions of general law with respect to elections, so far as they may be applicable, shall govern the method of nominating and election of the Mayor and members of Council whose term of office shall be for a period of four years.
The candidate for councilman of a particular ward who received a plurality of the votes cast by voters of that ward shall be declared elected. Likewise, the candidate for Mayor and the candidate for councilman-at-large receiving the highest number of votes cast by the voters in the City shall be declared voted.
When the City shall have been laid off into wards, each ward may contain a voting precinct if so designated by Council. However, if only one voting precinct is designated for the City election, it must be at the City Hall. There shall be no voting precinct established for any ward unless a voting precinct is designated for each ward. The polling place for the City election shall be the West Virginia National Guard Armory located at 469 Central Avenue, or as otherwise designated by Council and notice thereof published in accordance with the applicable provisions of the West Virginia Code.
The Council shall fix a filing fee not to exceed ten percent of the yearly compensation for councilman and ten percent of the yearly compensation for Mayor, which filing fee must be paid at the time the certificate of candidacy is filed.
Whenever two or more persons receive an equal number of votes for Mayor or member of Council, such tie shall be decided by the Council in existence at the time the election is held.
All contested election issues shall be heard and determined by the Council in existence at the time the election is held, and the contest shall be made and conducted in the manner provided for in contests for county and district offices, and the Council, in their proceedings in such cases shall, as nearly as practicable, conform with like proceedings of the County Commission in such cases.
In the event that any provision of the City’s Charter or ordinance conflicts with any provisions of state law relating to elections, provisions of state law take precedence and shall apply thereto. (Amended 11-5-02)